Arising out of an OFCCP compliance review of NationsBank, ALJ Linda Chapman ruled that Bank of America discriminated against African-American job applicants for entry level positions in its Charlotte NC facility in 1993 and from 2003 to 2005.

In 1995, OFCCP determined that NationsBank failed to comply with E.O. 11246 and discriminated against African-American applicants. The bank challenged the findings in federal court claiming that OFCCP’s authority to conduct the review violated its Fourth Amendment rights. After failing the challenge, the DOL attorneys filed an administrative complaint. Again, the bank filed a challenge in the administrative forum. In 2003, the Administrative Review Board (ARB) ruled that if the bank had consented to the review, there was no Fourth Amendment violation and allowed the DOL to pursue the discrimination claims.

ALJ Chapman held that the bank intentionally discriminated against African-American clerical, administrative and teller applicants at its Charlotte facility. After Chapman issues a recommended decision on the remedies that should be provided by the bank, the case will proceed to the DOL’s ARB for a final agency decision.